SLV WINES Vs. STATE OF A P

JUDGEMENT

(1.) THE petitioner seeks a writ of certiorari to quash the order of the Excise commissioner passed in CR. No. 21341/94/ex. G. /3 dated 20-08-1994 as illegal and arbitrary and for a consequential direction to the second respondent to allow remission of licence fee for 48 days during which period the petitioner's shop was illegally closed.

(2.) WHEN the writ petition came up for consideration before the Hon'ble Chief justice, noticing the conflict, between the judgment of this Court in The Assistant commissioner of Prohibition and Excise v. K. Krishna Reddy (Writ Appeal No. 529 of 2003 dated 26-06-2003) and the decision reported in Toddy Tappers Co-operative society, Pulekona Group, Pulekona, hyderabad District v. State of Andhra pradesh and others 2004 (3) ALT 392 = 2004 (3) ALD 417 (D. B.), the learned Chief justice felt that the controversy be set at rest by a Full Bench. That is how the matter has come up before us.

(3.) THE case of the petitioner in brief is thus: The writ petitioner has been running a retail liquor shop, F. L. 24 under the name and style of M/s. S. L. V. Wines at Mydukur town in Cuddapah District. On a complaint said to have been given by one Chinna veeraiah, the third respondent/excise superintendent sealed the shop of the petitioner on 21 -11 -1993 and eventually the licence too was suspended by an order in crime No. B3/3663/93 dated 25-11-1993 which was served on the petitioner on 26-11-1993, followed up by a show cause notice dated 08-12-1993 which was served on 28-12-1993 at 06. 00 p. m. The petitioner submitted his explanation pursuant thereto on 04-01-1994. It was explained inter alia that by mistake a complaint was lodged against the petitioner. Basing on the explanation given by the petitioner, the excise Inspector was directed to submit a report. After perusing the report submitted by the Excise Inspector and the explanation submitted by the petitioner the third respondent under his proceedings in rc. No. B3/3663/93 dated 07-01-1994 revoked the suspension and the stocks seized were directed to be released to the petitioner.